The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017

1. Introductory Text

2. 1. Citation and commencement

3. 2. Application of the First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

4. 3. Transitional provision

5. 4. Revocation

6. Signature

7. 1. SCHEDULE

      The First-tier Tribunal for Scotland Housing and Property Chamber Rules of Procedure 2017

      1. PART 1 Rules common to all proceedings before the First-tier Tribunal

         1. 1. Application and interpretation

         2. 2. The overriding objective

         3. 3. Effect of the overriding objective

         4. 4. Application

         5. 5. Requirements for making an application

         6. 5A. Time limits

         7. 6. Service

         8. 6A. Service by advertisement

         9. 7. Signature of document

         10. 8. Rejection of application

         11. 9. Notification of acceptance of application

         12. 10. Representatives

         13. 11. Supporters

         14. 12. Hearing two or more applications together

         15. 13. Amendment to a party’s written representations

         16. 14. Amendment raising new issues

         17. 14A. Request to amend the application in respect of matters other than new issues

         18. 15. Withdrawal of an application

         19. 16. Directions

         20. 16A. Regulation of procedure

         21. 17. Case management discussion

         22. 18. Power to determine the proceedings without a hearing

         23. 19. Mediation

         24. 20. Inquiries

         25. 21. Powers of the First-tier Tribunal to require production of evidence

         26. 22. Lodging of documents etc.

         27. 23. Documents at hearings

         28. 24. Hearings

         29. 25. Duties of chairing member at a hearing

         30. 26. Decisions of the First-tier Tribunal

         31. 27. Dismissal of a party’s case

         32. 28. Adjournment or postponement of a hearing

         33. 29. Hearing case in the absence of a party

         34. 30. Recall

         35. 31. Death, insolvency or incapacity of a party

         36. 32. Addition, substitution and removal of parties

         37. 33. Absence of a member of the First-tier Tribunal

         38. 34. Exclusion of persons disrupting proceedings

         39. 35. Prohibition on recording of proceedings by parties

         40. 36. Correction of clerical mistakes and accidental slips or omissions

         41. 37. Application for permission to appeal a decision of the First-tier Tribunal

         42. 38. First-tier Tribunal’s consideration of application for permission to appeal

         43. 39. Review of a decision

         44. 39A. Review of an order made under section 24C(1) of the 1988 Act

         45. 40. Expenses

         46. 41. Enforcement of decisions

         47. 41A. Interest on orders for payment

         48. 41B. Actions for removing from heritable property

         49. 41C. Notice of date of removal

         50. 41D. Evidence of service and notice

         51. 41E. Inventory of effects removed

         52. 41F. Execution of order

         53. 41G. Notice of interest claimed under the Debtors (Scotland) Act 1987

         54. 41H. Applications for time to pay orders

      2. PART 2 Procedure in respect of homeowner applications

         1. 42. Application of Part 2 and interpretation

         2. 43. Application for determination of whether property factor has failed to comply with the 2011 Act

         3. 44. Inspections

         4. 45. Parties to be notified by the First-tier Tribunal

      3. PART 3 Procedure in respect of private rented applications

         1. CHAPTER 1 Procedure common to proceedings in respect of private rented applications

            1. 46. Application and interpretation

         2. CHAPTER 2 Procedure in respect of repairing standard applications

            1. 47. Application to contract out of the repairing standard

            2. 48. Application for determination of whether the landlord has failed to comply with the repairing standard

            3. 49. Application to order a person to cease obstructing a person from complying with the repairing standard

            4. 50. Application to appeal against a decision of the landlord

            5. 51. Need for additional work

            6. 52. Procedure for further applications

            7. 53. Inspections

            8. 54. Parties to be notified by the First-tier Tribunal

         3. CHAPTER 3 Procedure in respect of Landlord applications to the First-tier Tribunal

            1. 55. Application for assistance to exercise the landlord’s right of entry

            2. 56. Person authorised to enter

            3. 57. Decision to assist

            4. 58. Stopping assistance

         4. CHAPTER 4 Procedure in respect of adaptations of rented houses applications

            1. 59. Application to appeal the decision of a landlord in relation to adapting a rented house or carrying out work to improve the energy efficiency of the house

            2. 60. Parties to be notified by the First-tier Tribunal

         5. CHAPTER 5 Procedure in respect of assured tenancy references to the First-tier Tribunal

            1. 61. Assured tenancy references to the First-tier Tribunal

            2. 62. Documents at assured tenancy reference hearings

            3. 63. Inspections

            4. 64. Parties to be notified by the First-tier Tribunal

         6. CHAPTER 6 Procedure in respect of assured tenancy applications

            1. 65. Application for order for possession in relation to assured tenancies

            2. 66. Application for order for possession upon termination of a short assured tenancy

            3. 66A. Application to modify a tenant’s right to shared accommodation

            4. 67. Application to determine removal expenses

            5. 68. Application to provide written tenancy agreement and weekly rent book

            6. 69. Application for damages for unlawful eviction

            7. 70. Application for civil proceedings in relation to an assured tenancy under the 1988 Act

            8. 71. Parties to be notified by the First-tier Tribunal

         7. CHAPTER 7 Procedure in regulated tenancy references

            1. 72. Regulated tenancy references to the First-tier Tribunal

            2. 73. Inspection of dwellinghouse

            3. 74. Parties to be notified by the First-tier Tribunal

         8. CHAPTER 8 Procedure in respect of regulated tenancy and Part VII contract applications

            1. 75. Application to determine the statutory tenant after the death of a protected tenant

            2. 76. Application for the apportionment of the rateable value in relation to a protected tenancy

            3. 77. Application for possession

            4. 78. Application for compensation for misrepresentation or concealment by landlord

            5. 79. Application to evict an occupier upon termination of a tenancy

            6. 80. Application to adjust recoverable rent

            7. 81. Application to amend a rent increase notice

            8. 82. Application to rectify a rent book after determination of recoverable rent

            9. 83. Application to determine the rent limit

            10. 84. Application for apportionment of the rateable value in relation to a Part VII contract

            11. 85. Application to reduce the period of a notice to quit

            12. 86. Application to postpone the date of possession in relation to Part VII contracts

            13. 87. Application to recover unlawful premiums and loans

            14. 88. Application to modify a tenant’s right to shared accommodation

            15. 89. Application to alter the amount of rent where the right to shared accommodation is modified

            16. 90. Application to determine the application of the 1984 Act

            17. 91. Application for civil proceedings in relation to a regulated tenancy or Part VII contract under the 1984 Act

            18. 92. Parties to be notified by the First-tier Tribunal

         9. CHAPTER 9 Procedure in respect of letting agent applications

            1. 93. Application for extension of time limit to determine application for registration as a letting agent

            2. 94. Application to appeal decision by the Scottish Ministers to refuse to register or removal from register

            3. 95. Application to enforce letting agent code of practice

            4. 96. Parties to be notified by the First-tier Tribunal

            5. 97. Letting agent enforcement orders

         10. CHAPTER 10 Procedure in respect of landlord registration applications

             1. 98. Application for an extension of time limit to determine application for registration as a landlord

             2. 99. Application to appeal against refusal to register or removal from register

             3. 100. Application to appeal against a decision of the local authority to serve a notice that no rent is payable

             4. 101. Application to revoke a notice that no rent is payable

             5. 102. Parties to be notified by the First-tier Tribunal

         11. CHAPTER 11 Procedure in respect of tenancy deposit applications

             1. 103. Application for order for payment where landlord has failed to carry out duties in relation to tenancy deposits

             2. 104. Parties to be notified by the First-tier Tribunal

         12. CHAPTER 12 Procedure in respect of private residential tenancy applications

             1. 105. Application to draw up terms of tenancy

             2. 106. Application to draw up terms of tenancy where statutory term is unlawfully displaced

             3. 107. Application for payment order where landlord has failed to provide information

             4. 108. Application to appeal rent set by the rent officer

             5. 109. Application for an eviction order

             6. 110. Application for a wrongful termination order

             7. 111. Application for civil proceedings in relation to a private residential tenancy

             8. 112. Parties to be notified by the First-tier Tribunal

      4. PART 4 Procedure in respect of prescribed property costs applications

         1. 113. Application and interpretation of Part 4

         2. 114. Modification of Part 1

         3. 115. Form of a prescribed property costs application

         4. 116. Notification of a prescribed property costs application

         5. 117. Production of evidence

         6. 118. Determination of a prescribed property costs application

         7. 119. Statement of reasons

         8. 120. Review of an order made by the First-tier Tribunal in relation to a prescribed property costs application

8. Explanatory Note